Saturday, April 4, 2020
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AUTHOR NAME

Richard B. Newman

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Richard B. Newman is an Internet Lawyer at Hinch Newman LLP focusing on advertising law, Internet marketing compliance, regulatory defense and digital media matters. His practice involves conducting legal compliance reviews of advertising campaigns across all media channels, regularly representing clients in high-profile investigative proceedings and enforcement actions brought by the Federal Trade Commission and state attorneys general throughout the country, advertising and marketing litigation, advising on email and telemarketing best practice protocol implementation, counseling on eCommerce guidelines and promotional marketing programs, and negotiating and drafting legal agreements.

Employee or Independent Contractor?

Hiring employees involves both benefits and burdens. A fundamental benefit is that you can exercise a certain degree of control over employees in furtherance of...

Affiliate Industry Do Not Competes

We all know that in the performance marketing industry a covenant not to compete can be a valuable asset.  Distinguished from a non-disclosure agreement,...

Where to Sue and Collect!

The interactive marketing space presents a unique set of legal challenges, including what jurisdiction to file a lawsuit in.  Whatever the amount that is owed,...

Verizon Urges FCC to Back-Off of Anti-Cramming Rules

Verizon is urging the Federal Communications Commission ("FCC") to desist from imposing “anti-cramming” rules on the wireless telecommunications industry. "Cramming" is the practice of placing...

New Company? Intellectual Property Issues Are Growing

Oftentimes, intellectual property (IP) is considered the most valuable asset of technology companies.  As a result, timely action is necessary to ensure ownership and...

FCC Tightens up SMS and Telemarketing Regulations

The Federal Communications Commission (“FCC”) has significantly amended its regulations under the Telephone Consumer Protection Act (“TCPA”) which governs the use of pre-recorded calls...

False Headers Violate California Law Says Court

On February 24, 2012 in the matter of Balsam v. Trancos, Inc., the California Court of Appeal  held that: (1) commercial e-mail header information...

How to Guarantee the FTC Will Bust You

It has been approximately two years since the Federal Trade Commission published its “Final Guides Governing Endorsements, Testimonials - Changes Affecting Testimonial Advertisements, Bloggers,...

The One FTC Article You Must Read

If you are an affiliate or marketer, this is the one FTC article you must read on how FTC Rules are Affecting the Industry. Excerpt:...

Payday Loan Marketers Charged by FTC

At the request of the Federal Trade Commission, a federal court has halted an online operation that allegedly debited consumers’ bank accounts without their...

$4.8 Million FTC Action against Swish Marketing

At the request of the Federal Trade Commission, the U.S. District Court for the Northern District of California has ordered Swish Marketing, Inc. to...

FTC Announces Accelerated Review of Six Rules & Guides

On July 7, 2011, the Federal Trade Commission (“FTC”) announced an updated regulatory review schedule of numerous rules and guides in order to keep...

FTC Cracking Down on Testimonials: What Affiliates Need to Know

The Federal Trade Commission (“FTC”) continues its assault on Internet-based false and deceptive advertising, including enforcement of recently published guidelines concerning the use of...

Latest news

Does Coronavirus Excuse Non-Performance Under a Contract?

The Coronavirus outbreak has raised a number of issues relating to contractual performance obligations. An excuse for non-performance of contractual obligations may...

Ways to Avoid Spam Traps in Email Marketing

New research by Trustwave reveals that 26 per cent of spam is infected with malware. As a result spam filters are getting...

How to do Email Marketing During Coronovirus

During a crisis, your email communication can make or break your business. Even more importantly, it can help, hurt, or confuse people.  You...

Feds Go After Coronavirus Scammers including Jim Bakker

The Federal Trade Commission and Federal Drug Administration took action by sending warning letters to several companies for allegedly selling products using...

Affiliate Vs Partner – What’s in a Name?

There has been a lot of discussion in social forums, blog posts and conference sessions about the use of the term affiliate and/or partner marketing. 'Affiliate vs Partner' was even the Keynote panel session at Affiliate Summit West this year - and even that was inconclusive.
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